Prosecutors in the death-penalty case against a man who beat a corrections officer to death are asking a judge to eliminate 11 defense witnesses or postpone the trial set to begin Tuesday.

During a hearing in Douglas County on Thursday, 18th Judicial District Attorney George Brauchler argued that attorneys for Edward Montour intentionally waited until 27 days before opening arguments to present evidence that Montour was wrongfully convicted in 1998 of killing his 11-week-old daughter.

Brauchler asked the judge not to allow 11 witnesses to testify about that evidence or postpone the trial for several months to allow him time to evaluate the evidence. He told Douglas County District Court Judge Richard Caschette he needs to review the evidence and work with experts to decide whether he will continue to seek the death penalty or reconsider the case.

"At the end of the day, what I care about is the pursuit of justice," Brauchler said. "If, at the end of the day, that justice doesn't lead to the death penalty, then so be it."

More than 11 years after Montour killed 23-year-old Eric Autobee, jury selection in his second trial began Jan. 6.

Montour was serving a life sentence for her death when he beat Autobee to death in the kitchen of the Limon Correctional Facility in 2002. He pleaded not guilty by reason of insanity in August.

Defense attorneys on Feb. 2 filed a motion arguing that Taylor's death was an accident. Montour repeatedly told authorities in 1997 that he dropped Taylor — who defense attorneys now say had an undiagnosed bone disease — as he stood up from a rocking chair.

Prosecutors say defense attorneys violated court orders and intentionally waited to present evidence challenging the conviction. But Montour's attorney, David Lane, said prosecutors have known his team was investigating Taylor's death since late 2012 and asking to postpone the trial is an effort to obtain a death penalty.

"They will do whatever it takes to kill Mr. Montour," Lane said.

Judge Caschette bowed his head and ran his fingers along his furrowed eyebrows as he listened to more than an hour of arguments.

Caschette, who will issue a written ruling, said Brauchler's request gave him two options: delay the trial or muddle through the evidence if the case is brought up on appeal.

"You're asking me to throw out six months of this court's work," Caschette said.

Autobee's father, Bob, sat in the back of the courtroom, holding a small container of his son's ashes.

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